Supporting unpaid carers at work: what employers need to know in 2026

The Government has recently published new research into the experiences of unpaid carers and launched a wide‑ranging consultation on whether current workplace rights for carers remain fit for purpose. For employers and employees alike, these developments signal that further reform is firmly on the horizon. Our employment law team has reviewed the findings to help organisations understand what may be coming next, and how to prepare.

The current landscape

Employees currently have the right to take up to one week of unpaid carer’s leave per year under the Carer’s Leave Act 2023, which applies where they care for a dependant with long‑term needs. This entitlement can be taken in days or part‑days and does not require evidence of their caring responsibilities to take carer’s leave. Employees also have a separate right to unpaid time off for emergencies involving dependants.

However, the Government’s new research shows that awareness of these rights is inconsistent. Many carers either do not know the entitlement exists or avoid using it because it is unpaid. As one participant put it, “losing income simply isn’t an option”, a sentiment echoed throughout the study.

Key findings from the Government’s research

The Department for Business and Trade interviewed 50 unpaid carers to understand how the Carer’s Leave Act 2023 is working in practice. Several themes emerged:

• Low uptake due to financial impact – carers overwhelmingly preferred to use paid annual leave or flexible working rather than take unpaid time off
• One week is not enough – many carers described the entitlement as too limited to meet unpredictable or frequent recurring caring needs
• Notice requirements can be impractical – the three‑day notice rule was seen as unworkable for urgent but non‑emergency situations
• Workplace culture matters – unsupportive managers and inconsistent internal processes were cited as barriers to accessing leave
• Recognition still matters – despite limitations, carers valued the formal acknowledgment of their role.

Participants suggested improvements including paid leave, increased entitlement, clearer guidance, and limits on employers’ ability to postpone requests.

The Government consultation – what could change?

Alongside the research, the Government has opened a consultation (closing 1 September 2026) exploring whether current rights should be strengthened. Options under consideration include:

• Extending unpaid carer’s leave beyond the current five days
• Introducing a statutory right to return after a longer period of unpaid leave
• Creating a short period of paid carer’s leave
• Introducing “Hugh’s Law” – paid leave for parents of children diagnosed with serious illness
• Reviewing eligibility, evidence requirements, and the balance of impact on employers and carers.

The Government stresses that these are exploratory options, not commitments, but the direction of travel is clear: greater support for carers is firmly on the agenda.

What employers should do now

With potential reforms ahead, employers should begin reviewing how they support carers in the workplace. This includes:

• Updating policies to ensure clarity around existing rights
• Training managers to handle requests sensitively and consistently
• Considering enhanced or paid carer’s leave to improve retention and employee wellbeing
• Reviewing flexible working practices and communication channels.

These steps not only reduce legal risk but also strengthen workplace culture and employee loyalty. If you have any questions about the issues raised in this article, please get in touch with our expert Employment team.